89Frivolous or vexatious proceedings

89 Frivolous or vexatious proceedings

[Section 89 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]

(1)  This section applies if the Tribunal believes that a proceeding or a part of a proceeding –

(a) is frivolous, vexatious, misconceived or lacking in substance; or

(b) is otherwise an abuse of process.

(2)  If this section applies, the Tribunal may order that the proceedings, or the part of a proceeding, be dismissed or struck out and may make any related or ancillary order.

(3)  The Tribunal’s power to make an order under subsection (2) is exercisable only by –

(a) a legally qualified member of the Tribunal; or

(b) a registrar who is authorised in writing by the President to make such an order, whether generally or in relation to particular classes of matters or otherwise.

(4)  The Tribunal may act under subsection (2) on the application of a party to the proceedings or on its own initiative.

(5)  If a proceeding, or a part of a proceeding, is dismissed or struck out under this section, another proceeding of the same kind in relation to the same matter cannot be commenced before the Tribunal without the leave of the President or a Deputy President.